Judge Lee W. Tsao, Case 20NWCV00221 2023-01-24 Tentative Ruling

Judge: Lee W. Tsao, Case: 20NWCV00221, Date: 2023-01-24 Tentative Ruling

Case Number: 20NWCV00221 Hearing Date: January 24, 2023 Dept: C

FIGUEROA v. GAMA

CASE NO.: 20NWCV00221

HEARING: 1/24/23 @ 9:30 AM

TENTATIVE RULING

I. Defendant Gama’s unopposed motion for an order to compel Plaintiff Edwin Figueroa to provide responses, without objection to first set of special interrogatories is GRANTED. Plaintiff Figueroa is ordered to provide responses, without objections, within 20 days.

II. Defendant Gama’s unopposed motion for an order to compel Plaintiff Edwin Figueroa to provide responses, without objection to first set of requests for documents is GRANTED. Plaintiff Figueroa is ordered to provide responses, without objections, within 20 days.

III. Defendant Gama’s unopposed motion for an order establishing admissions is GRANTED. The truth of the matters specified in Defendant’s request for admissions is deemed admitted.

IV. Defendant Gama’s unopposed motion to compel Plaintiff’s deposition attendance is GRANTED. Defendant is ordered to appear at the next noticed deposition.

Reduced sanctions are imposed against Plaintiff Figueroa and/or counsel, jointly and severally, in the reasonable sum of $2,415.00, payable within 30 days.

Moving Party to give NOTICE.

Defendant Gama moves to compel responses to special interrogatories, requests for production of documents, and request for admissions pursuant to CCP §§ 2030.290, 2031.300, 2033.280, and 2025.450.

CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).) CCP § 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted, unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance. CCP § 2025.450 allows a party noticing a deposition to compel the deponent’s attendance.

On July 30, 2021, Defendant served special interrogatories, request for production of documents, and request for admissions. On July 9, 2021, Defendant noticed Plaintiff’s deposition. Plaintiff failed to serve timely responses, and failed to appear at the deposition.

Accordingly, the motions are GRANTED. Plaintiff is ordered to provide responses, without objections, within 20 days. The truth of the matters specified in Plaintiff’s request for admissions is deemed admitted. Plaintiff is also ordered to appear at the next noticed deposition.

Sanctions: CCP §§ 2023.010(d), 2030.290(c), 2031.300(c), and 2025.450 authorize the court to impose sanctions for failure to respond to discovery without substantial justification and the failure to appear at a properly noticed deposition. CCP § 2033.280 makes the imposition of sanctions mandatory if a party fails to serve a timely response to requests for admission.

Sanctions are warranted because Plaintiff failed to serve timely responses and appear at his deposition. Further, sanctions are mandatory because Plaintiff failed to respond to requests for admissions. The court finds Defendant’s total request of $4,866.25 is excessive. Instead, reduced sanctions are imposed against Plaintiff and/or counsel, jointly and severally, in the reasonable sum of $2,000.00 plus reporter’s cost of $415.00 for a total of $2,415.00, payable within 30 days.